THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DALLY, CALTAGIRONE, CARROLL, FREEMAN, GINGRICH, HARRIS, HENNESSEY, KILLION, LONGIETTI, METZGAR, MOUL, MURT, REICHLEY, SCAVELLO, SIPTROTH AND YOUNGBLOOD, APRIL 16, 2009

REFERRED TO COMMITTEE ON EDUCATION, APRIL 16, 2009  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for exceptions for certain

payments made to community colleges in determining costs

excepted from certain referendum requirements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1909-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, added

July 1, 1985 (P.L.103, No.31), is amended to read:

Section 1909-A.  Taxation.--The governing body of each school

district or municipality comprising a local sponsor may levy,

annually, taxes on subjects of taxation as prescribed by law in

such school district or municipality for the purpose of

establishing, operating and maintaining a community college.

This tax levy shall be in excess of and beyond the millage fixed

or limited by law, so long as the aggregate amount of all taxes

imposed by any local sponsor, other than a school district of

the first class or a city of the first class or county of the

first class, for the establishment, operation and maintenance of

a community college shall not exceed an amount equal to the

product obtained by multiplying the latest total market value of

the local sponsor as determined by the State Tax Equalization

Board in the case of school districts, and by the Board of

Assessment and Revision of Taxes or any other similar board

which determines market values of real estate in the case of

municipalities, by five mills. Where a county levies such a tax

for the establishment, operation and maintenance of a community

college, no such tax shall be levied upon the property in a

municipality situate in such county if the school district in

which the municipality is situate levies a tax on the property

in the municipality for the establishment, operation and

maintenance of a community college situate in a county other

than the one in which the municipality is located. The aggregate

amount of all taxes imposed by a school district of the first

class or a city of the first class or county of the first class

for the establishment, operation and maintenance of a community

college shall not exceed an amount equal to the product obtained

by multiplying the latest total market value of the school

district of the first class as determined by the State Tax

Equalization Board and by the Board of Assessment and Revision

of Taxes or any other similar board which determines market

values of real estate in the case of cities of the first class

or counties of the first class, by one mill. Costs used to

determine the need for a referendum pursuant to the act of June

27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the "Taxpayer

Relief Act," shall not include any increase in annual payments

made to community colleges above the payments made in the prior

fiscal year.

Section 2.  This act shall take effect immediately.